What are the first signs that a project may face significant regulatory challenges?
Mike Bartlett: The presence of species at risk, sensitive habitats or lands used by Indigenous communities is often an early indication that a project may be subject to more extensive regulatory requirements. This doesn’t mean the project can’t proceed, but it does mean that additional effort will likely be required to assess impacts and support the permitting process.
To better understand these challenges, we often use constraint mapping. By analyzing different site configurations, we can identify which regulatory requirements each option may trigger and help stakeholders understand the project implications. When a significant impact is anticipated, the project design can often be modified early on to prevent it.
This exercise helps project teams understand the implications of each option while enabling engineers to determine what’s technically feasible.
Yves Thomassin: Indeed, early signs often emerge when a project raises significant environmental or social issues, whether they’re related to species at risk, lands used by Indigenous Peoples or concerns expressed by local communities.
Obtaining permits doesn’t depend only on regulatory requirements. Environmental and social considerations also influence a project's acceptability and feasibility.
“Permitting challenges often begin with environmental or social issues.” – Yves Thomassin, Senior Expert, Mining Environment
It’s important to support clients in their discussions with local and Indigenous communities so the communities fully understand the benefits and drawbacks of impact and benefit agreements (IBAs).
Should regulatory considerations be integrated from the earliest stages of project design?
Yves Thomassin: Regulatory considerations must be integrated from the outset of preliminary economic assessments, prefeasibility studies and feasibility studies. To support this process, developing a document known as environmental design criteria (EDC) helps capture all environmental requirements, as well as any commitments made by the project proponent that go beyond regulatory obligations or fall outside the scope of applicable laws, regulations, policies and guidelines.
Consultants must also track non-regulatory requirements imposed by the relevant authorities on various projects. In addition to the projects they’re directly involved in, consultants have access to a wealth of public information on most projects. As a result, positions taken by regulatory authorities, such as rejecting a proposed reclamation approach, due to the nature of the materials being managed, can be viewed as a form of precedent that helps inform future projects.
Permits should therefore not be regarded as a mere regulatory formality to be addressed shortly before construction and operations begin. They must be considered from the earliest planning stages, as they have a direct impact on project costs, schedules and overall feasibility.
Mike Bartlett: Integrating regulatory, environmental and social considerations at the outset of a project helps anticipate issues that could affect its development. When stakeholder engagement begins early and continues throughout the project life cycle, it becomes easier to assess risks, compare design alternatives and avoid costly adjustments later in the process.
“Constraints aren’t only about obtaining permits; they also help guide design decisions.” – Mike Bartlett, National Director, Environmental Development
Ultimately, bringing environmental permitting specialists and engineering teams together improves coordination across disciplines, supports better-informed decision-making and enhances project outcomes. It also helps build long-term client relationships based on trust and a deep understanding of each project's unique challenges.
How do environmental and social constraints influence investment and design decisions?
Mike Bartlett: Environmental and social constraints are, fundamentally, design inputs. If environmental and social factors aren’t integrated into project design from the outset, organizations risk encountering regulatory challenges throughout the life of the project.
“A project may be technically sound, but if environmental and regulatory considerations aren’t incorporated from the start, obstacles are likely to emerge throughout its development.” – Mike Bartlett, National Director, Environmental Development
Environmental and social considerations are an integral part of design decision-making. We aim to identify them as early as possible so we can compare scenarios and understand the requirements associated with each option. This process enables engineers and project proponents to evaluate the trade-offs involved and incorporate these considerations before the design progresses too far.
The earlier these factors are addressed, the easier it becomes to minimize major redesigns and reduce uncertainty as the project moves forward.
Yves Thomassin: In most projects, several potential locations must be evaluated for a tailings storage facility or waste rock stockpile and then compared through a multicriteria analysis that considers technical, economic, environmental and social factors. It’s essential to incorporate the concerns and perspectives expressed by Indigenous Peoples and affected communities.
“Anticipating regulatory challenges and maintaining close dialogue with Indigenous communities are essential conditions for project success.” – Yves Thomassin, Senior Expert, Mining Environment
Commitments made to communities can also shape project design and, in some cases, challenge certain development options. This is where trade-offs become important. While a given option may reduce capital costs, it may also entail higher environmental or social risks.
Conversely, a more expensive option may offer stronger stakeholder acceptance and greater confidence in the project's long-term viability. In some cases, prefeasibility studies reveal constraints significant enough to prompt a client to abandon a development option or reassess project viability before making larger capital investments.
Beyond permitting
By integrating environmental, social and regulatory considerations from the earliest stages of project development, teams gain a more comprehensive understanding of risks and opportunities. This approach facilitates the permitting process and enables better-informed design and investment decisions throughout the project life cycle.
